Lancaster Municipal Code Ch. 5.39 Fire Alarms

As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:

A. "Alarm system" for purposes of this chapter means an assembly of equipment and devices arranged to signal the presence of any condition upon premises within the city of Lancaster to which the firefighters are expected to respond. The term "alarm system" shall include any equipment which is designed to detect an emergency or which is designed to be activated by a person to report an emergency.

B. "Alarm user" means any person who owns or is entitled to possession of any premises in the city of Lancaster on which an alarm system has been installed and operates.

C. "False alarm" means any improper activation of an alarm system, including, but not limited to, the activation of an alarm system due to mechanical failure, preventable accident, improper operation, misuse, malfunction, improper negligence or carelessness of the alarm user. False alarms also include improper activation of an alarm system resulting from work on or testing of a system where the fire department communication center has not been notified in advance as to when the false signal will be sounded. Improper activation of an alarm system caused by an event out of the control of the alarm user or alarm installer, including, but not limited to, earthquake, storm, or other violent, uncontrollable acts of nature, shall not constitute a false alarm.

(Ord. 865 § 1 (part), 2006)

The knowing commission of a false alarm is hereby prohibited. This section does not prohibit any test of an alarm system as permitted in advance by the fire department.

(Ord. 865 § 1 (part), 2006)

After any false alarm, the alarm owner shall, upon request by the fire department, submit a written report to the fire department describing actions to be taken to eliminate the cause of the false alarm. This shall be submitted within ten (10) days of the date of request by the fire department.

(Ord. 865 § 1 (part), 2006)

Any alarm system that generates more than two false alarms in any twelve (12) month period, beginning January 1, is declared to be a public nuisance and operation of this system is prohibited.

(Ord. 865 § 1 (part), 2006)

A. No provisions of this chapter shall be deemed, whether directly or indirectly, to authorize or require or permit any act which is otherwise prohibited by law of the State of California nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act which is otherwise permitted by any law of the State of California.

B. The provisions of this chapter are not applicable to alarms affixed to vehicles subject to the California Vehicle Code, ships or boats, or railroad cars.

(Ord. 865 § 1 (part), 2006)

A. Any person violating any of the provisions of this chapter other than Section 5.39.020 is guilty of an infraction, which is punishable as provided in Section 1.12.020.

B. Violation of Section 5.39.020 is a misdemeanor, which is punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment.

C. Notwithstanding subsection A of this section, upon the first and second violation of Section 5.39.040 in a calendar year beginning January 1, the fire department shall serve a written notice (in triplicate) to the alarm owner, to the city, and to the fire department indicating that property location, date of false alarm and other information necessary to track false alarms. The city will retain copies and track all subsequent false alarms for that alarm user. The notice will describe the violation and specify that the causes of the violation shall be corrected within ten (10) days of the date of service of the written notice.

(Ord. 865 § 1 (part), 2006)

Any person receiving monetary charges for false alarm responses may appeal. A written appeal must be submitted to the city manager or his or her designee. Decisions of the city manager or his or her designee are final.

(Ord. 865 § 1 (part), 2006)

A service charge in an amount established by the city council by resolution shall be levied for each fire department response to an alarm determined to be false, after the first two false alarms. The city's finance department shall invoice and collect these service charges in the same manner as other debts owed to the city.

(Ord. 865 § 1 (part), 2006)

Any alarm installed prior to the effective date of this chapter shall comply with all provisions of this chapter.

(Ord. 865 § 1 (part), 2006)